Car sharing becomes a trend nowadays, it is convenient. However, when you get involved in a car sharing accident, do you know what to do, where to go, and whom to talk to? If you are involved in a car sharing accident now, you better read this article. These are all the things you need to know about how Florida courts handle car sharing accidents.
What is car sharing?
Car sharing is similar to ride share apps like uber and lyft but a little different. It is an app that you can use to borrow another person’s car. You can have the ability to rent your car out to other people through the app. It’s similar to how Airbnb works with their services. You will use the app to see what car would fit you best, compare the prices and go somewhere to pick it and use for however long you requested.
What is the difference between car sharing and ride sharing?
The main difference between the two is who is behind the wheel. For a ride share app it is similar to a taxi but with a personal vehicle. Someone will use their personal vehicle to pick you up and take you to your destination. For a car sharing application, you will be renting someone else’s personal vehicle to take you to and from your destinations.
Who is liable for a car sharing car accidents?
Due to the Dangerous Instrumentality Doctrine, the driver of the vehicle would be held liable for the damages and injuries caused. The car sharing company will only cover the damages caused to the car sharing vehicle but not to any other party involved in the accident.
What are the laws, regulations, and precedents stated about car sharing car accidents in Florida?
Due to car sharing being so new, there aren’t a lot of ideas on how insurance coverage and laws will cover them. It is a grey area over what will and what won’t be covered for their car accidents. Depending on the car sharing company, their personal insurance may cover the vehicle for all it’s damages or it might cover partial damages. They also might not cover any medical expenses because they are not liable for you by law.
How do Florida courts handle car share car accidents?
There is a grey area when it comes to liability for car sharing programs. In the end, the car sharing app is not liable for any damages caused to a car or ride of the car due to an accident by in a car found using their app. It is like a matchmaking service; they are just there to get you connected. What happens after that isn’t in their hands.
Frequently Asked Questions
The first thing to do would be to get medical attention if it is needed. Then make sure you contact the car sharing app as soon as possible because a lot of times they will not cover anything if there’s a delay. You would also have to make an official police report to add to your claim. After completing those tasks, you would want to contact an experienced car accident to look over your claim and see how they can assist you in the situation.
If there is an accident with a car sharing vehicle, then the company’s insurance would kick in. Depending on the company the app belongs too will determine the insurance coverage. Some companies will cover insurance value up to the cars cash value. This will cover the damages done to the vehicle. For the driver of the vehicle, it’s a grey area if the car sharing company will be able to pay for any medical coverage. For a normally rented vehicle Florida has the Dangerous Instrumentality Doctrine. Meaning that you cannot sue the actual car sharing company because they are not liable for the vehicle. The driver of the vehicle would need to financially compensate in the event of the accident. Depending on your insurance company, the amount you pay every month may or may not rise.
Depending on your personal insurance, the results may vary. Some insurance companies will cover the expenses from a rental car accident. Due to car sharing accident coverage being new, it is still a grey area over what laws come into play when it comes to accidents. Florida is a no-fault state so the driver would have to supply their own personal insurance first. Their insurance should have a coverage called Personal Injury Protection (PIP) which covers you or anyone with you at the time of the accident. The issue with PIP is the limit it has when it comes to accidents. PIP will cover up to $10,000 at most in personal damages.
The settlement will be determined on a few factors. One of the factors would be how much of the accident was caused by your negligence. Were you merging without a signal light and they ended up crashing into you because they were speeding? Or did you forget to turn on your lights and it ended with a head on collision? These would be questions asked to determine how much compensation should be given.
These lawyers are lawyers who have handled these types of cases and will be the best tool in winning your settlement. If you have severe injuries that would require a lot of medical expenses and be a financial burden for you then it would be best to hire a lawyer who is experienced in these types of accidents.
What does a personal injury lawyer do?
They are lawyers who handle cases that result in injury caused by a person, company, or property. Injuries can vary between physical and psychological. Their role is to assist the party in recovering financial compensation for any expenses. In this case, the personal injury lawyer would be in charge of helping the party injured in the car sharing accident receive compensation for any medical expenses from a result of an accident.
What is Florida Dangerous Instrumentality Doctrine?
The Dangerous Instrumentality Doctrine states that “the owner of an inherently dangerous tool is liable for any injuries caused by that tool’s operation.” This means that the person behind the wheel would be the one with liability over damages, the car sharing company has no liability on any damages to any property, vehicle, or personal injuries.
What do you mean by comparative negligence in Florida?
Comparative negligence means that the person who was negligent should have to pay the cost of the accident. If there were multiple parties involved the they will determine how much of the accident is your fault. The amount of compensation you will get from a case is determined by the degree of your negligence. For example, if a driver was speeding a rear ended you and you have a broken taillight that would be used. They could say that the accident was 90% at fault of the speeding driver and 10% your fault because of your taillight. So, if you suffered $10,000 in damages then your compensation would be reduced by 10% meaning you will get $9,000.
Got into a Car Sharing Car Accident in Florida?
A car sharing program is similar to ride sharing apps like LYFT and UBER but you’re the one behind the wheel and it’s another person’s vehicle. In the result of an accident, it would be best to contact the company to file a claim so then the vehicle could be covered for any damages caused. As for any personal injuries you would want to contact a personal injury attorney who has experience in the field of car sharing accidents. They would know what laws will fall under and how liability will come into play. It would be best to be prepared and understand what might come into play with this case like comparative negligence, Dangerous Instrumentality Doctrine and PIP.
At the Smith & Eulo Law Firm, we have car accident lawyers to represent you in your case. If you or a loved one has been involved in a car accident, do not hesitate to call us at 407-930-8912 or email at email@example.com. We strive to always be available for you.